European Labour Law Institutions and their Competencies JUDr. Jana Komendová, Ph.D.

1. Institutional Framework of the EU European Parliament European Council European Commission Council of the European Union Court of Justice of the EU European Central Bank Committee of Auditors

European Parliament Represents the interests of the EU citizens Seat: Brussels, Luxembourg, Strasbourg Composition: representatives of peoples of Member States elected every five years (751 members in total, the Czech Republic has 22 representatives) EP acts by an absolute majority of the votes except of cases stated in the Treaty

Main Competencies of the EP Passes the laws (jointly with the Council ) – co-decision procedure Consultative role – e.g. migration policy Exercise of democratic supervision over the other EU institutions Approves the EU budget jointly with the Commission.

European Council Represents the interests of the EU Member States Seat: usually Brussels Composition: Heads of States or Heads of Governments of the Member States, the President and the President of the Commission Role: provides the Union with the necessary impetus for its development, defines general political directions and priorities

Council of the European Union Main decision making body, legislative and budgetary role Represents the interests of the Member States Composition: one minister from each Member State responsible for the related agenda

Main Competencies of the Council of the EU Passing laws Passing laws jointly with the European Parliament regulations, directives - on a proposal of the Commission, opinions, recommendations Approves the EU budget jointly with the European Parliament Co-ordinating the policies of the Member States

European Commission Represents the interests of the Union Independent of national governments Seat: Brussels Composition: till 31 October 2014 one commissioner from each Member State As from 1 November 2014, the Commission shall consist of a number of members, including its President and the High Representative of the Union for Foreign Affairs and Security Policy, corresponding to two thirds of the number of Member States, Appointed every five years

Main Competencies of the Commission Drafts proposals for new European laws (directives, regulations) the right to initiative) Implements EU policies Enforces European law (jointly with the Court of Justice)

Court of Justice of the EU Main judiciary body of the EU Seat: Luxembourg Composition: Court of Jusitce, General Court Specialised Courts – Civil Service Tribunal Court of Justice - one judge from each Member State appointed by Governments for six years (28 judges) Advocates General (9 in total) state their opinions before the Court’s decision

Competencies of the ECJ Reviews the legality of the acts of the institutions of the European Union Ensures that the Member States comply with obligations under the Treaties (the Commission can start the proceedings against the Member State) Provides interpretation of European Union law at the request of the national courts and tribunals (preliminary ruling)

Preliminary rulings Aim – to ensure the effective and uniform application of EU law in all Member States and to prevent different interpretation of EU law, Reference can be made by national courts of all instances that can question the ECJ on the interpretation of EU law The national court which acts as a final resort against whose decision there is no judicial remedy is obliged to make the reference for the preliminary rulungs if one of the parties of the proceedings requests it Decision of the Court – judgement or reasoned order The national court to whom it is addressed is bound by the interpretation given by the ECJ. All national courts must follow the interpretation of EU law given by the ECJ

Action fo Failure to Fulfil Obligation Aim – to determine whether the Member State fulifled the obligation under the EU law (implement directives into the national law) Commission may start the proceedings after giving the Member State concerned the opportunity to reply to complaints addressed to it If the ECJ decides that the obligation has not been fulfiled, the Member State must bring the failure to an end without delay If not, the futrher actiton may be brought by the Commission before the ECJ, the financial penalty (fixed or periodical) may be imposed upon the Member State

Institutions Acting in the Field of the Social Policy Institutions Based on Treaties European Economic and Social Committee Committee of Regions Standing Committee on Employment European Social Fund Institutions Established by an Act of Secondary Law –European Agency for Health and Safety at Work –European Centre for Development of Vocational Training –European Foundation for Improvement of Living and Working Conditions